Insights

The collective agreements of the following sectors have been renewed: Ø tourist; Ø electrical.

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

Effective 1 April 2010 the "Unique Notification for the establishment of enterprise" is mandatory. It was introduced by art. 9 of Law no. 40/07 and must be used for all fulfilments on the Company Register, Tax Agency, INPS (Social Security Admin.) and INAIL (National Insurance against Injuries at Work) for the start up of companies.

Case law intepretation focuses on administrative liability of legal entities.

In the opinion of the Supervisory Authorities Members Association (Associazione dei componenti degli Organismi di Vigilanza - AODV), the Supervisory Authority (set forth under the Legislative Decree 231/01 regulating the administrative liability of the companies) should be set up as a collegial board, consisting of representatives with specific reputation requirements and open to the participation of internal professional figures.

The Italian Senate has definitively approved the so called “work related act” to the financial law.

On 20th February next, it will come in to force the rules contained in the Legislative Decree no. 5/2010 implementing the EU Directive no. 54/2006 concerning equal of opportunities and treatment between women and men at work.

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate.